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Gun laws in Rhode Island

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Gun laws in Rhode Island

Gun laws in Rhode Island regulate the sale, possession, and use of firearms and ammunition in the state of Rhode Island in the United States.

Contents

Concealed carry

Rhode Island is a hybrid shall/may issue state. The "local licensing authority" of each town (police chief or town council if the locality has no police force) is given the authority to grant carry licenses on a shall-issue basis but until recently, many police chiefs and town officials had refused to issue. Often an applicant will be referred to the attorney general which is a "may issue" licensing authority. In practice, carry permits are very hard to obtain from the Attorney General's Office without demonstration of a specific threat on the applicant's life that justifies the need for a license to carry.

However, the "shall" nature of the applicable statute is confusing, stating that the applicant should have "good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver". Some local police chiefs disregard the "proper reason" clause and require a letter of need. Most local police chiefs also use the AG's application (which does require need) and thus the chiefs simply follow suit. In the case of an attorney general's application, the local police chief has to sign ones application to verify residency, or a town hall official can sign and stamp the application to verify residency before one can submit the application to the attorney general. But, before he signs the application he may have the person applying take an NRA Safety Course from an NRA Certified Instructor within the state. State law does require an applicant for either permit to pass a skill test using the Army-L target at 25 yards, to be certified by a police official or an NRA Certified Instructor. In most cases, the AG will not issue a permit unless the demonstrated need is extremely convincing (work purposes, threat to one's life, etc.). Upon denial, applicants are offered the opportunity to appeal, requiring an interview with Bureau of Criminal Investigation staff. This often results in the issuance of a restricted permit, often for target range use. However, state law does not grant the AG the authority to issue restricted permits and state law explicitly states that carrying a firearm to a target range does not require a permit.

Recent Developments in License to Carry Policies

In April 2015, the Rhode Island Supreme Court ruled that local police chiefs must issue Licenses to Carry to qualified applicants (e.g., those who pass a background check and complete the required firearms skill training). The ruling further states that local issuing authorities must "show cause" if an applicant is denied a permit to carry, and that simply stating the applicant is "not suitable" without substantive justification is no longer a valid reason for the denial of a carry license.

Non-resident permits can theoretically be issued by any locality under 11–47–11 but it is unclear how many have ever been issued and considering the general antagonism of local police chiefs towards concealed carry, it seems unlikely that such a permit would be issued. 11–47–8 does allow an out-of-state permit carrier to carry concealed in Rhode Island as long as they are only traveling through the state.

Castle law

Rhode Island does have a moderately strong castle law, limited to the inside of a dwelling, with no duty to retreat.

References

Gun laws in Rhode Island Wikipedia


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